1. Short title.—

This Act may be called the Indian Trusts Act, 1882.

Commencement.—

and it shall come into force on the first day of March, 1882.

Local extent.—

2 [It extends to 3 [the whole of India 4*** and] the Andaman and Nicobar Islands 5 ***; but the Central Government may, from time to time, by notification in the Official Gazette, extend it to 6 [the, Andaman and Nicobar Islands] or to any part thereof.]

Savings.—

But nothing herein contained affects the rules of Muhammadan law as to waqf, or the mutual relations of the members of an undivided family as determined by any customary or personal law, or applies to public or private religious or charitable endowments, or to trusts to distribute prizes taken in war among the captors; and nothing in the Second Chapter of this Act applies to trusts created before the said day.

1. For Report of the Indian Law Commission on the Private Trusts Bill which they were instructed to consider among others, see Gazette of India, 1880, Supplement, p. 104; and for Report of the Select Committee, see Gazette of India, 1880, Pt. V, Supplement, 1881, p. 766; for further Report of the Select Committee, see ibid., Supplement, 1882, p. 67; for Proceedings in Council, see ibid., Supplement, 1881, p. 687; and ibid., Supplement, 1882, p. 68. The Act has been extended to Berar by Act 4 of 1941; Dadra and Nagar Haveli by Regulation 6 of 1963, s. 2 and Sch. I; Pondicherry by Regulation 7 of 1963, s. 3 and Sch. I; Goa, Daman and Diu by Regulation 11 of 1963, s. 3 and Sch. and Sikkim by Notifn. No. S.O. 642 E, dt. 24-8-1984 (w.e.f. 1-9-1984).

2. Subs. by the A.O. 1948, for the first sentence.

3. Subs. by the A.O. 1950, for “all the Provinces of India, except”.

4. The words “except the state of Jammu & Kashmir” omitted by Act 34 of 2019, s. 95 & 96 and the Schedule. V. (w.e.f. 31-10-2019).

5. The words “and Panth Piploda” omitted by the A.O. 1950.

6. Subs., ibid., for “either or both of the said Provinces”.

2. Repeal of enactments.—

The Statute and Acts mentioned in the Schedule hereto annexed shall, to the extent mentioned in the said Schedule, be repealed, in the territories to which this Act for the time being extends.

3. Interpretation-clause—“trust”:—

A “trust” is an obligation annexed to the ownership of property, and arising out of a confidence reposed in and accepted by the owner, or declared and accepted by him, for the benefit of another, or of another and the owner:

“author of the trust”: “trustee”: “beneficiary”: “trust-property”: “beneficial interest”: “instrument of trust”:—

the person who reposes or declares the confidence is called the “author of the trust”: the person who accepts the confidence is called the “trustee”: the person for whose benefit the confidence is accepted is called the “beneficiary”: the subject-matter of the trust is called “trust-property” or “trust-money”: the “beneficial interest” or “interest” of the beneficiary is his right against the trustee as owner of the trust-property; and the instrument, if any, by which the trust is declared is called the “instrument of trust”:

“breach of trust”:—

a breach of any duty imposed on a trustee, as such, by any law for the time being in force, is called a “breach of trust”: 

“registered”:—'

and in this Act, unless there be something repugnant in the subject or context, “registered” means registered under the law for the registration of documents for the time being in force:

“notice”:—

a person is said to have “notice” of a fact either when he actually knows that fact, or when, but for wilful abstention from inquiry or gross negligence, he would have known it, or when information of the fact is given to or obtained by his agent, under the circumstances mentioned in the Indian Contract Act, 1872 (9 of 1872), section 229;

Expressions defined in Act 9 of 1872:—

and all expressions used herein and defined in the Indian Contract Act, 1872 (9 of 1872), shall be deemed to have the meanings respectively attributed to them by that Act.